paoloSANMATEO

Administrative Law, De Leon 2003

Administrative Law
It is that branch of modern law under
which
the
executive
department
of
Government acting in a quasi-legislative or
quasi-judicial capacity, interferes with the
conduct the individual for the purpose of
promoting the well-being of the community
as under the laws regulating public
corporations, business affected with public
interest, professions, trades and callings,
rates and prices, laws for the protection of
the public health and safety and the
promotion of public convenience and
advantage. -DEAN ROSCOE POUND
(BEIW)
Branch of modern law
Executive department (Quasi-Judicial
& Quasi-Legislative)
Interferes with the conduct of
individuals
For the purpose of the well-being of
the community
Scope of Administrative Law
(OEPA-RJRE)
-Organization
-Enforcement and Execution
-Public Officers
-Administrative Agencies
-Remedies
-Judicial Review
-Rules and regulations implementing Laws
-Established Jurisprudence
Administrative Authorities all those
public
officers
and
organs
of
the
government that are charged with the
amplification, application and execution of
the law, but do not include, by virtue of the
doctrine of separation of powers Congress
and regular courts
CONCERNS (P-D)
1. Private rights

Page 1 of 16

2. Officers and agencies exercising

delegated powers
ADMIN LAW v. INTERNATIONAL LAW
Administrative law lays down rules
which shall guide the officers &
Agencies while International law is
not binding upon them except when
adopted as administrative law of the
state.
ADMIN v CONSTI

Constitutional Law

Administrative Law

(GTL)
Prescribes

(P-RE-R)
Gives out plans

general

plan

framework

or in

its

minutes

of details.

governmental
organization
Treats

rights -

of individuals

Stress

rights & emphasizes

powers

government
and
-

Prescribes

limitations
power

upon

on

of

duties

Citizens
Remedies
the violation

of

of
for
their

the rights

government

ADMIN v. CRIM
Criminal Law Defines and penalizes crimes
while the most efficient means of enforcing
Administrative rule is to give it a penal
sanction but does not deprive such rule
of its administrative character.
ADMIN v. PUBLIC ADMINISTRATION
Public Administration has to do with
practical management, direction of various
organs of state, execution of state policies
by the executive and administrative officers
entrusted with such functions

paoloSANMATEO
Administrative Law, De Leon 2003

Page 2 of 16

The true field of Administrative law refers

only to the external aspect of public
administration (narrower bulk of public
administration).

Origin
and
development
of
Administrative
law
(RecognitionMultipliedGrowthFusionLaw)
-

CALLING MR. PING GUERERO and MS. FE

PEA! Hahahah #PUSO

Principal Subdivisions of Administrative

law (IGA -EAP)

1.Internal Administration treats the

legal relations between the government
and its administrative officers, and of the
legal relations that one administrative
officer or organ bears to another among
others.
2.External Administration Concerned
with legal relations between Administrative
authorities and private interests.
-

Survey of powers
Analysis of scope and limits of such
powers
Account of the sanctions, means of
enforcing, official determinations.
Examination of remedies against
official action

Classification of Administrative law

As to source (C-M)
- the law that controls administrative
authorities
- the law made by administrative
authorities

Recognition as distinct category of

law-Due to rapid expansion of
administrative agencies and increased
functions that substantial body of
jurisprudence has been developed.
Multiplied Government functions
Growth
and
utilization
of
administrative agencies
Fusion of Different powers of
government
in
Administrative
Agencies
Law in the Making

Advantages of Administrative Process

Administrative Process includes the
whole series of acts of an administrative
agency whereby the legislative delegation
of a function is made effectual in
particular situations. (S-L-M)
Advantages of Administrative adjudication
as compared with executive action
-uniformity and impersonality of action
-Resort to administrative process as an
alternative to executive action

Limitations upon the powers of courts

-involves discretion with respect to future
conduct, hence, will not be undertaken by
the courts.

Trend towards preventive legislation

-flexible and preventive remedies
-Prevention in licensing statutes

As to its purpose (P-S)

- Adjective or procedural administrative law

(AGENCY must follow)

- Substantive Administrative law
(ESTABLISH primary right and duties)
As to applicability (G-S)
-General Administrative Law

-Special or particular administrative law

(pertains to particular agencies)

Limitations upon effective legislative action

-Administrative functions could not be
directly performed by congress. Limitations
inherent in legislative process. (time is gold,
wala silang oras hahaha)
Limitations
enforcement

upon

exclusively

Judicial

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Administrative Law, De Leon 2003

Page 3 of 16

-courts vary in their application as laws

Advantages of continuity of attention and

clearly allocated responsibility
-administrative agencies have the time and
facilities to become and continuously
informed with unified responsibility for
effectuating the broad policies laid down by
congress.

Need for organization to dispose of volume

of business to provide the necessary
records
Criticisms
(AL2BDC)

of

Administrative

process

-Arbitrariness
-lacking Legal knowledge
-Bias
-lacking Standard rules
-Disregard of safeguards
-Combination of executive, legislative, and
judicial functions

are imposed upon the people forming that

society by those who possess the power or
authority of prescribing them. Government
is the aggregate of authorities which rule a
society (US v. DORR).
CHAPTER II
ADMINISTRATIVE AGENCY
A body endowed with quasi-legislative
and quasi-judicial powers for the purpose
of enabling it to carry out the laws
entrusted to it for enforcement or
execution.
An organ of government, other than a
court and other than a legislature, which
affects the rights of private parties
through either adjudication or rule
making.
Creation and Abolition (CSB)

Administration of Government
Administrative officers

- Constitution
- Statute; or
- by authority of law

Administration of Justice- Judicial

Officers
Administration

Purpose -Regulation of private rights for

public welfare

Function
- is the execution, in non-judicial matters,
of the law or will of the state as expressed
by the competent authority

Directly created Administrative Agencies

COA, CSC, COMELEC, OMBUDSMAN, CHR
POWERS
OF
ADMINISTRATIVE
AGENCIES
Quasi-legislative or Rule Making power

Organization
Group of aggregate of persons in whose
hands the reins of the government are for
the time being (U.S. v DORR).

Definition - Power to issue administrative

rules and regulations or general orders
which are legally binding

GOVERNMENT

Source - Legislature thru valid delegation

aggregate of institutions by which an

independent society makes and carries out
those rules of action which are necessary to
enable men to live in a social state, or which

Delegation - Completeness test / Sufficient

standard test

paoloSANMATEO
Administrative Law, De Leon 2003

Quasi-Judicial
powers

Power

or

Adjudicatory

Definition - Power of the administrative

authorities to make determinations of facts in
the performance of their official duties and
to apply the law as they construe it to the
facts so found.
Source Legislation
Determinative powers of an
administrative agency
- enabling powers
- directing powers
dispensing power
summary powers
examining powers

Page 4 of 16

c. delegation of authority to dispose of

matters informally, or to initiate formal
proceedings
TYPES OF ADMINISTRATIVE AGENCIES
(OCBRUA)
a. Offering some Gratuity (SSS, GSIS, PAO)
b. seeking to carry on certain functions of
government (BIR, LRA,)
c. Performing business service for the
public (NFA, NHA)

d. set up to function in situations wherein

government
is
seeking
to
regulate
businesses affected with public interest
ADMINISTRATIVE
COURT
(LTFRB)
AGENCY
e. seeking under the police power to
Filled with experts in Presided by one or regulate private business and individuals
their particular fields
more jurist learned
f.
seeking
to
adjust
individual
in law
Performs variety of Limited to Judicial controversies because of some strong
policy involved (NLRC, DAR)
functions
(primarily function
regulatory
Uses varying degree of Governed by the fix Administrative Organization
discretion
without rules in arriving at -refers to the administrative structure of the
government
including
its
political
being
bound
by decisions (i.e. Rules
subdivisions and the allocation of powers,
technical
rules
of of Court)
functions, and duties to its various units or
evidence or procedure
agencies.
Characteritics
of
Administrative
2
Agencies (S R-V)
-Size
-Specialization
-Responsibility for results (with a particular
statutory end
-Variety of administrative duties
Four types of Delegation of Function and
Authority (IRDF)
a. Delegation of Internal Management
b. Delegation of authority to dispose of
routine matters

Organization of
President (P2ES)

the

Office

of

the

Shall consist of
-Private Office (personal & family affairs)
-Executive Office (Exec. Secretary for
requirements of the president to achieve
purpose and objectives of the office)
-Staff Support System (development and
management,
general
government
administration and internal administration)
-Presidential Special Assistants/Advisers
(consultative services)
Those offices under the supervision and
control of the President, those under the

paoloSANMATEO
Administrative Law, De Leon 2003

administrative supervision of the Office of

the President, those attached to it for
policy and proper coordination, not
placed by law or order creating them under
any special department.
Subject to
-restructuring
-transfer of functions
-transfer agency

Page 5 of 16

Control

(ADRDP)
(ORTR)
-to
act -oversee
operations
directly
whenever
specific

Nature, purpose, Decentralization.

-functional distribution
-to insure capacity to plan
-achieve simplicity and efficiency
-to reduce free red tape
Department shall haves services of:
-planning
-financial management
-administrative service
-Technical service
-legal service
ORGANIZATION OF BUREAUS
Bureau refers to any subdivision or unit of
any department, performing a single major
function or closely related functions.
Staff- Policy program development and
advisory functions
LineDirectly
implement
programs
adopted pursuant to department policies
and plans
Supervisio
n and

Administrati Attachment
ve

Lateral
realtionship

w/o

between

interfering

departments

day

function

to

day

-Direct

basis
-require

Representati

performanc

submission

on

e of duty

of

ORGANIZATION DEPARTMENTS
Department
refers
to
an
executive
department created by law. It includes
instrumentality having or assigned the rank
of a department, regardless of its name or
designation.

Supervision

reports,

performance
evaluation,

revise,

inspection
Take actions Compliance
to
period
rectification

approve

of violations

-review

acts

reposting

and

decisions
-determine

Review

priorities

pass

and Provide
upon general

budget

policies

proposals

through
representati
ve

-prescribe
standards,
guidelines
plans,
programs
Government
Owned
Controlled
Corporation - any agency organized as a
non-stock or stock corporation vested with
functions relating to public needs whether
governmental or propriety in nature and
owned by the government directly or through
its instrumentalities either wholly or where
applicable as in the case of stock
corporations to the extent of atleast fifty
one ( 51%) of its capital stock/ Majority
of its members are government officials
holding such membership by appointment
or designation, or there is otherwise
substantial participation of the government

paoloSANMATEO
Administrative Law, De Leon 2003

in the selection of the corporations governing

board.
-51%
-Majority are Government Officials
-substatial participation of government
Regulating Agencies - any agency with
jurisdiction
to
regulate
administer,
adjudicate matters affecting substantial
rights & interests of private persons powers
by collective body.
Instrumentality any agency of the
national government not integrated within
the department framework vested with
special functions or jurisdictions by law. The
term includes regulatory agencies, chartered
institutions and government owned and
controlled corporations
Chapter III
POWES and FUNCTIONS of administrative
Agencies
Function-bound to do
Power-the means by which a function is
fulfilled
SOURCE-Legislature thru valid delegation

Powers of Administrative Agencies are

classified.

Page 6 of 16

-Administrative agencies only exercise such

powers as are expressly or by necessary
implication conferred on them by law. They
can only adjudicate matters coming within
their
jurisdiction.(RCPI
v.
Santiago
imposition of fines) in RCPI v NTC hindi
naipadala yung sulat haha.
Discretionary and Ministerial powers
Discretionary- person or persons exercising
it may choose which of several courses will
be followed. It is based according to the
dictates of their own judgment and
conscience, and not controlled by the
judgment or conscience of others.
Ministerial- is one in respect to which
nothing is left to discretion. It is a simple,
definite duty arising under conditions
admitted or proved to exist, and imposed by
law.
A. INVESTIGATORY POWERS
-the power of an administrative body to
inspect the records and premises and
investigate the activities of persons,
premises, and investigate the activities of a
person or entities coming under its
jurisdiction (Secretary of Justice v. lantion)
or to secure, or to require the disclosure of
information by means of accounts records
reports statements, testimony of witnesses,
production of documents, or otherwise.

-as to nature (I-Ql-QJ)

a.Investigatory powers
b.quasi-legislative or rule-making power
c.quasi-judicial or adjudicatory power
-as to degree of subjective choice(D-M)
Discretionary or Ministerial

3 Basic principles in administrative

investigations initiated by a complaint

Doctrine of Necessary Implication- all

powers necessary for the effective exercise
of the express powers are deemed impliedly
granted.

1. The burden is on the complainant to

prove his allegations by
substantial
evidence;

paoloSANMATEO
Administrative Law, De Leon 2003

2. The findings of facts made therein are to

be respected as long as they are supported
by substantial evidence;
3. The administrative decision or finding can
only be set aside on proof of gross abuse
of discretion, fraud or error of law
(Montemayor v. Bundalin).
Scope and Extent of Powers
-must be exercised within the limits

prescribed and bear a reasonable and

legitimate relationship to the general powers

granted

1. Initiation of investigation
2. Conduct of investigation-Private
3. Inspection and examination
4. Requirement as to records accounts
5. Requiring attendance of witnesses, giving
of testimony and production of evidence
6. Hearing (not required)
7. Application of technical rules of
procedure and evidence
-the test of judicial function is not the
exercise of judicial discretion, but the power
and authority to adjudicate upon the rights
and obligations of the parties before it
(Ruperto v. Torres).
C. Rule-Making Powers
- Power to issue administrative rules and
regulations or general orders which are
legally binding
Exception to non-delegation of legislative
power (S2) eto yung sufficient/standard test
However, the essential legislative functions
may not be delegated to administrative
agencies and in this sense, it said that
administrative agencies have no legislative
power and are precluded from legislating in
the strict sense

What may be granted to an administrative

agency is rule-making power to implement
the law entrusted to enforce. Provided;

Page 7 of 16

1.Statute is complete in itself, setting

forth the policy to be executed by the
agency; and
2.Said statute fixes a standard, mapping
out the boundaries of the agencys authority
to which it must not conform
Requisites for validity of Administrative
Rules and Regulations (MEMORIZE)
Its promulgation must be authorized by the
legislature.
It must be within the scope of the authority
given by the legislature.
It must be promulgated in accordance with
the prescribed procedure.
A. Notice and Hearing
Fortune tobacco doctrine- when an
administrative rule goes beyond merely
providing for the means that they can
facilitate or render less cumbersome the
implementation of the law substantially
increases the burden of those governed,
it behooves the agency to accord at
least those directly affected a chance
to be heard and thereafter to be duly
informed, before the issuance is given
the force and effect of law
-A
failure
to
comply
with
the
requirements as to notice and process
may result in a failure to acquire such
jurisdiction.
-in the application of the principle of due
process,
what
is
ought
to
be
safeguarded is not lack of previous
notice
but
the
denial
of
the
opportunity to be heard
B. Publication
It must be reasonable
-must involve public welfare

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Administrative Law, De Leon 2003

Page 8 of 16

-the method employed must be

reasonably related to the purpose of the
rule
- not arbitrary
-must declare the legislative policy
A valid Rule and Regulation duly
promulgated by an administrative agency
has the force and effect of law. It may not be
used either to abridge the authority given
by Congress or Constitution, or to enlarge
its power beyond scope intended.
HUWAG
MASYADONG
MINUTES BREAK

HOT..15

REQUISITES
OF
A
VALID
ADMINISTRATIVE REGULATION WITH A
PENAL SANCTION
The

violation

law

of

itself
the

must

make

administrative

regulation punishable.
The law itself must impose and specify
the penalty for the violation of the
regulation.
The regulation must be published.

Interpretative regulation
- issued by the administrative body as an
incident of its
power to enforce the law
and is intended merely to
clarify
its
provisions for proper observance by the
people. (e.g. circulars)
Legislative regulation
Supplementary - intended to fill in the
details of the law and to make explicit what
is only general.
Contingent issued upon the happening of
a
certain
contingency
which
the
administrative body is given the discretion
to determine or to ascertain and on the
basis thereof, enforce or suspend the
operation of a law

CLASSIFICATION OF ADMINISTRATIVE
REGULATION
-Legislative rules are in the nature of
subordinate legislation and designed to
implement
a primary legislation by
providing the details thereof. They usually
implement
existing
law,
imposing
general,
extra-statutory
obligations
pursuant to authority properly delegated
by Congress and effect a change in existing
law or policy which affects individual rights
and obligations
-Interpretative rules are intended to
interpret, clarify or explain existing
statutory regulations under which the
administrative body operates. Their
purpose or objective is merely to construe
the statute being administered and purport
to do no more than interpret the statute.
Simply, they try to say what the statute
means and refer to no single person or
party in particular but concern all those
belonging to the same class which may be
covered by the said rules.
-Contingent rules are those issued by an
administrative authority based on the
existence of certain facts or things upon
which the enforcement of the law depends.
(Republic v. Drugmakers)
Procedural
Rulesrefers
to
those
describing the methods by which the agency
will carry out its appointed functions.
Doctrine of Subordinate LegislationPower
of
administrative
agency
to
promulgate rules and regulations on
matters of their own specialization
Doctrine of Legislative approval by ReEnactment- the rules and regulations
promulgated by the proper administrative
agency implementing the law are deemed
confirmed and approved by the legislature
when said law was re-enacted by later
legislation or through codification. The
legislature is presumed to have full

paoloSANMATEO
Administrative Law, De Leon 2003

knowledge of the contents of the regulations

then at time of re-enactment.
HALF WAY ALMOST FINISH!!!!!!!!!!!! Take a
rest

D. ADJUDICATORY POWERS
It is the power of an administrative agency
to hear and determine or to ascertain
facts and decide by the application of
rules to ascertained facts. Interpret and
apply not only administrative regulations
but laws entrusted to them.
Judicial power is the power to hear try and
determine all sorts of cases of law and
equity which are brought before courts
Two (2) conditions to the proper exercise
of quasi-judicial power:

1. Jurisdiction must be properly acquired

by the administrative body. It is conferred
upon it by law.
Competence to act on a given matter or
decide a certain question.
Rules of Procedure
Subpoena Power, Contempt Power
2. Due process must be observed in the
conduct of the proceedings (NAE)
Notice and Hearing- the essence of due
process in administrative proceedings is
the opportunity to explain ones side or
a chance to seek reconsideration of the
action or the ruling complained
Appeals and Review (administrative)
Enforcement of Decision
-as provided by law
-may be invoke the court for the
purpose
-by appeal to the force of public opinion

Includes the following powers if granted

by the enabling act:

Page 9 of 16

1. Implied Power to prescribe rules of

procedure- valid until annulled by the
supreme court
2. Subpoena Power- not inherent- may be
exercised only if allowed by law and only in
connection with the matter they are
authorized to investigate
3. Contempt Power-must be expressly
granted, and must be used only in the
exercise of quasi-judicial function
Administrative Due Process- the essence
of
administrative
due
process
in
administrative
proceedings
is
the
opportunity to explain ones side or seek a
reconsideration of the action or ruling
complained of, and to submit any evidence
a party may have in support of his defense.
The demands of due process are sufficiently
met when the parties are given the
opportunity to be heard before judgment is
rendered.(Lacson v Executive secretary)
Administrative Proceedings without need
of a hearing (applicable only when it comes
to procedural due process)
Requirements for administrative cardinal
proceedings (Memorize):
1. Right to Hearing
2. Tribunal must consider the evidence
presented
3.Decision must have something to
support itself
4.Evidence must be substantial
5.Decision must be based on evidence
adduced at the hearing or atleast
contained in the records and disclosed to
parties
6.Board or judge must act on its or his own
independent consideration of facts and
law of the case and not simply accept the
view of the subordinate in arriving at a
decision ;and
7. Decision must be rendered in such
manner that parties to controversy can

paoloSANMATEO
Administrative Law, De Leon 2003

know various issues involved and the

reason for the decision rendered. Shall
state issues and reasons (Ang tibay v. CIR)
Quantum
of
Proof
in
administrative
proceedings is Substantial Evidence- such
relevant evidence that a reasonable mind
might accept as adequate to support a
conclusion
(material,
relevant,
competent)
Not substantial evidence if
irrelevant, based on hearsay

Immaterial,

Operative Fact Doctrine- it nullifies the

effects of an unconstitutional law by
recognizing that the existence of a statute
prior
to
a
determination
of
unconstitutionality is an operative fact and
may have consequences which cannot
always be ignored.
Administrative Res Judicata- forbids the
reopening of a matter that has been
determined
by
competent
authority.
Decisions and orders of administrative
agencies, rendered pursuant to their quasijudicial authority have, upon their finality ,
the force and binding effect of a final
judgment within the purview of the doctrine
of res Judicata (applies only to judicial and
Quasi-judicial proceedings not to purely
administrative functions)

Page 10 of 16

a. Dispensing to relax the general

operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty, i.e. exemtions granted
by BIR
b. Examining also called investigatory
power consists in requiring production
of documents; the attendance of
witnesses compelling their testimony,
i.e, exemptions granted by BIR
c. Summary

power
to
apply
compulsion or force against persons or
property to effectuate a legal purpose
without judicial warrants to authorize
such actions; i.e. summary abatement
of nuisance per se.
Other powers and functions (LFI)
A. Licensing enabling or approving
-action of administrative agency denying,
granting, revoking, suspending, a license
permit is purely administrative but quasijudicial or adjudicatory since it is
dependent upon the ascertainment of facts
by administrative agency upon which a
decision is to be made and rights and
liabilities determined.

ADJUDICATORY

B.Fixing rates and charges

1. Quasi-Legislative function- the rates are
meant to apply to all enterprises of a given
kind throughout the country (prior notice
and hearing not required)

1. Enabling permits the doing of an act

which the law undertakes to regulate and
which
would
be
unlawful
without
government approval, i.e., issuance of
license by LTO

2.Quasi-Judicial Function- rates apply

exclusively to a particular party, based upon
a finding of fact (notice and hearing
required)

CLASSIFICATION
POWERS

OF

2.Directingorders
the
doing
or
performance of particular acts to ensure
compliance with the law and are often
exercised for corrective purposes, i.e., order
of reinstatement of NLRC

Factors to consider in rate fixing

a.rates should not be confiscatory
b. should provide reasonable return on
investments
c. must be reasonable and just

paoloSANMATEO
Administrative Law, De Leon 2003

Administrative agencies can be empowered

to provisionally approve rates of public
utilities even without a hearing or ex-parte

C.INVESTIGATIVE
Administrative agencies can be authorized
to make investigations for a limited purpose
which is to obtain information on which the
future action of a legislative or judicial
nature may be taken.
CHAPTER IV
Separation of Administrative and other
Powers
(inulit lang yung iba!! NAKAKATAMAD na
kung ilalagay ko pa)
Doctrine of Separation of powersdeclares that governmental powers are
divided among the three departments of
the government, the legislative executive
and judicial, and broadly operates to
confine legislative powers to the legislature,
executive powers to the executive, and
judicial powers to the judiciary, precluding
one branch of the government from
exercising or invading powers of another
- a certain degree of blending or
admixture of the three powers of
government, particularly in administrative
agencies, is well recognized.
Doctrine of Non-Delegation of Powersprohibits the delegation of legislative power,
the vesting of judicial officers with nonjudicial functions as well as the investing of
non-judicial officers with judicial powers.
-The
power
conferred
upon
an
administrative agency to issue rules and
regulations necessary to carry out its
functions as a regulatory body, has been
held to be an adequate source of authority,
as a matter of practical administrative
procedure,
to
delegate
a
particular
function(Realty venture v. Sendino)

Page 11 of 16

Exception to Doctrine:
-in administrative agencies
-delegation of tariff powers & emergency
powers
CHAPTER V
ADMINISTRATIVE PROCEEDINGS (inulit
lang din hahaha aralin ang first 1-3 kasi
yung 4 and 5 chapters eh nadiscuss na)

Institution of Administrative proceedings

(EFO)
1. EX parte applications
2. Filing of a charge or complaint
3.under other statues particular
administrative agencies may institute
proceedings on their own initiative, motion,
or complaint
INVESTIGATION
HEARINGS
Investigation
by In hearings there are
government officials, parties and issues of
which may be held law and of fact to be
in

private

are tried

informal

to

the

conclusion

of

the

information taken

govern

actions,

at

to hearing,

proceedings
obtain

and

action

which

is

may

future affect the rights of

have

no the parties, and

parties, and are not parties are entitled
proceedings in which to be
action
is
taken person
against anyone

counsel,

present

in

and

by

participate

in the hearing, and

entitled

to

be

furnished a record of
proceedings
-Administrative proceedings not bound by
technical rules of procedure.
-Administrative Agency as a collegiate
body. The powers
and duties
of an
administrative agency or board composed of
members or commissioners may not be

paoloSANMATEO
Administrative Law, De Leon 2003

exercised by the individual members

separately.
-Administrative
determinations
are
subject to reconsideration and changes so
long as no rights have vested in the
meantime by reason thereof, and so long as
they have not passed the control of
administrative authorities, as where the
determinations
are
not
final
but
interlocutory, or where the powers of the
administrative authorities are continuing
in character.
CHAPTER VI JUDICIAL REVIEW (last part
promise FOCUS
magdistinguish)

ON

DOCTRINES-Galingan

Administrative Decisions may be appealed

to the Court of Justice if allowed :

By the Constitution
By law
where the question to be reviewed is a
question
of law.
Judicial review of an administrative decision
may be appealed to courts of justice only if
the constitution or the law permits it or if
the issues to be reviewed only involve
questions of law.
Except when the Constitution requires or
allows, judicial review may be granted or
withheld as congress chooses. Thus, the law
may provide that a determination made by
an administrative agency shall be final and
not reviewable. In such a case there is no
violation of due process.
It should be remembered that quasi-judicial
powers will always be subject to true
judicial power that which is held by the
courts. Indeed under the expanded
jurisdiction of the Supreme Court it is
empowered to determine whether or not
there has been grave abuse of discretion
amounting to lack or in excess of
jurisdiction on the part of the branch of
instrumentality of the government

Page 12 of 16

Review when made: (VJQ2)

1.to determine validity or
constitutionality of any executive order or
regulation
2.To determine jurisdiction of
administrative board or commission or
officer
3.to determine any other questions of law
4.to determine questions of fact
a. Constitutionality or jurisdiction
b.Commission of abuse of authority
c. When administrative fact finding body
is unduly restricted by an error of law
-Where, when, how to appeal- involving
Questions of fact, law, & mixed, to Court of
Appeals within 15 days from notice of final
order or publication. Only one motion for
reconsideration shall be allowed, may grant
another 15 days extension if Petition for
Review(filed in 7 legible copies with proof of
service to the adverse party and or the
court or agency a quo, the original copy of
petition intended for the CA shall be
indicated as such by petitioner) except for
the most compelling reasons another 15
days extension.
QUESTION OF FACT QUESTION OF LAW
The
doubt
or The
doubt
or
difference arises as difference arises to
to

truth

the

falsehood

of

alleged facts
The
extent
manner
review

of
lies

discretion
legislature

or what the law is on

the a certain state of
facts
and May be appealed to

judicial the courts of justice

in
of

the independently

of

the legislative
permission, or even
against

legislative

prohibition
General
Rule:
Factual
findings
of
administrative agencies are accorded great
weight and the courts are precluded from
reviewing them.

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Page 13 of 16

Exceptions: (EVP2GSE)
1. Factual findings not supported by
evidence
2. Findings are vitiated by fraud,
imposition or collusion
3.Procedure which led to factual findings is
irregular
4. Palpable errors are committed
5. Grave abuse of discretion, arbitrariness,
or capriciousness is manifest
6.when expressly allowed by statute
7.Error in appreciation of the pleadings
and
in
the
interpretation
of
the
documentary evidence presented by the
parties
-In judicial review it is sufficient that
administrative findings of fact are supported
by evidence
-Substantial evidence is all that is needed to
support an administrative finding.
INTERLOCUTORY
FINAL JUDGMENT
that
finally
Refers to something One
disposes of a case

intervening

the leaving

between

nothing

more to be done by

commencement

and the end of a the court in respect

suit which decides thereto.
some

point

on

matter but is not a

final decision of the
whole controversy
Administrative
Res
Judicata
(Pinakamatinding notes na nagmula kay sir)
-Final judgment (judgment disposing all
issues)
-Court has Jurisdiction (Subject matter &
parties)
-Judgment on the merits
-Identity of parties/Subject matter
Cause of Action
-complainant has a right
-acts/ ommissions by defendant
-violation of defendant

BRANDEIS Doctrine of Assimilation of

Facts (mixed Question of Law and Fact)where what purports to be a finding upon a
question of fact is so involved with and
dependent upon a question of law as to be
in substance and effect a decision on the
latter, the Court will, in order to decide the
legal question, examine the entire record
including the evidence if necessary.
DOCTRINE
OF
FINALITY
OF
ADMINISTRATIVE ACTION- No resort to
Courts will be allowed unless administrative
action has been completed and there is
nothing left to be done in administrative
structure
-A party aggrieved must not merely initiate
the prescribed administrative procedure to
obtain relief but also must pursue it to its
appropriate conclusion
Courts are reluctant to interfere with action
of an administrative agency prior to its
completion or finality, the reason being
that absent a final order or decision,
power has not been fully and finally
exercised, and there can usually be no
irreparable harm. It is only after Judicial
review is no longer premature that a court
may ascertain in proper cases whether the
administrative action or findings are not in
violation of law or are free from fraud or
imposition or find substantial support from
the evidence.
Exceptions to doctrine of finality
a. to an interlocutory order affecting merits
of a controversy
b. to grant relief to preserve the status quo
pending further action by the administrative
agency
c. when it is essential to the protection of
the rights asserted from the injury
threatened
d. where an administrative officer assumes
to act in violation of the constitution and
other laws

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Administrative Law, De Leon 2003

e. where such order is not reviewable in any

other way and the complainant will suffer
great and obvious damage if the order is
carried out
f. to an order made in excess or power,
contrary to specific prohibition in the
statute governing the agency and thus
operating as a deprivation of a right assured
by the statute.
DOCTRINE
OF
PRIMARY
ADMINISTRATIVE
JURISDICTION
(Doctrine of prior resort)- the courts
cannot and will not resolve a controversy
involving a question which is within the
jurisdiction
of
an
administrative
tribunal, where the question demands the
exercise of sound discretion requiring the
special knowledge, experience and services
of the administrative tribunal to determine
technical and intricate matters.
-Specialized
administrative
boards
or
commissions with the special knowledge,
experience and capability shall hear and
determine
promptly
disputes
on
technical matters or essentially factual
matters, subject to judicial review in case
of grave abuse of discretion

- The
Regional Trial Court has no
authority to make determinations at the
first instance on matters referred by law
to a specialized administrative body.
- The administrative process must continue
up to the highest level before resort to
judicial tribunals may be sought.
-Judicial process is suspended pending
referral of such issues to an administrative
body.
-the Doctrine applies only where the
administrative
agency
exercises
its
adjudicatory function. Strictly speaking,
the objective of the doctrine is to guide a
court in determining whether it should

Page 14 of 16

refrain
or
jurisdiction.

not

from

exercising

its

Issues involve questions of law.- be that as

it may, prior resort to an agency should
be limited to questions of fact and
questions
requiring
the
skills
of
administrative specialists.
Purpose:
1. take full advantage of administrative
expertness
2. Attain uniformity of application of
regulatory laws.
DOCTRINE
OF
EXHAUSTION
OF
ADMINISTRATIVE
REMEDIES-whenever
there is an available administrative remedy
provided by law, no judicial recourse can be
made until all such remedies have been
availed of and exhausted.
-an administrative decision must be
appealed to the administrative superior up
to the highest level before elevating it to the
court of review (Philhealth v. Chinese
General Hospital).
Exceptions (P2 JI)
Purely question of law
act complained of is patently illegal.
urgent need for judicial intervention
Irreparable injury will be suffered.
Questions reviewable
Question of fact
Question of law
Applicability:
The principle applies only where the act of
the administrative agency was performed
pursuant to its quasi-judicial function and
NOT when it pertains to its quasilegislative power.
Exhaustion of administrative remedies is
applicable when there is competence on
the part of the administrative body to

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Administrative Law, De Leon 2003

act on the matter complained of.

Administrative agencies are not courts;
neither are they part of judicial system nor
they are deemed judicial tribunals.
Reasons for the Doctrine
1.to enable thee administrative superiors to
correct the errors are committed by their
subordinates
2.Courts should refrain from disturbing
the findings of administrative bodies in
deference to the doctrine of separation of
powers
3. Courts should not be saddled with the
review of administrative cases
4. Judicial review of administrative cases is
usually effected through special civil
actions which are available only if there is
no other plain, speedy, and adequate
remedy.

Page 15 of 16

8. when it would amount to nullification of

a claim
9. when the subject matter is a private
land in land case proceedings
10. when the rule does not provide a
plain, speedy, adequate, remedy
11. when
there
are
circumstances
indicating the urgency of judicial
intervention
12. when no administrative review is
provided by law
13. moot academic
14. involves strong public interest
15. Writ of amparo cases
EXHAUSTION

OF PRIMARY

ADMINISTRATIVE

JURISDICTION

REMEDIES
The
administrative Both

court

and

agency has authority administrative

to

pass

on

every agency

have

question raised by a jurisdiction to pass

Effects
of
failure
to
exhaust
administrative remedies
-Court lacks Jurisdiction for lack of cause
of action, resulting to its dismissal
-precludes action of replevin to recover a
movable property which is the subject
matter of administrative forfeiture
Exceptions (marami to e kung naaalala
mo)
1. when there is violation of due process
2. when the issue involved is purely legal
question
3. when the administrative action is
patently illegal amounting to lack or
excess of jurisdiction
4. when there is estoppel on the part of the
administrative agency
5. when there is irreparable injury
6. when repondent is a department
secretary whose acts as an alter ego of
the president bears the implied and
assumed approval of the latter
7. when
to
require
exhaustion
of
administrative remedies would be
unreasonable

person resorting to on a question when

judicial

relief

and a particular case is

enables

court

to presented to court,

withhold

its

aid as an original matter

until

the rather than a matter

entirely

administrative

of review

remedies had been

exhausted
The claim or matter The claim or matter
is cognizable in the is cognizable by both
first instance by an the
administrative

court

and

administrative

agency
agency
The purpose of the Not concerned with
rule is to control the judicial
timing

of

relief
adjudicative
of an agency

review

but

judicial determines in some

from instances whether
action initial action should
be taken by a court
or

administrative

agency
DOCTRINE OF RIPENESS FOR JUDICAL
REVIEW-this determines the point at which
the courts may review administrative action

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Administrative Law, De Leon 2003

Page 16 of 16

except
that
the former applies to
administrative
action
other
than
adjudication
RIPENESS
EXHAUSTION
DOCTRINE
DOCTRINE
Focus
upon
the Focus on relatively
nature

of

judicial narrow question of

process-upon
types
the

of

the whether

party

functions should be required

courts

should to

perform

pursue

an

administrative
remedy before goint

Applied

to court
rule Applied

to

to

making not involving adjudicative

rule

making

adjudication

action

and of an administrative
agency

RIPENESS

PRIMARY

DOCTRINE
JURISDICTION
Determines at what Determines whether
stage a party may the
secure

the

of the initial decision

administrative action
Arise
whenever Arise
available

or

judicial agency should make

review

judicial

court

review

only

ehwn

is administrative

and

judicial jurisdictions
are

concurrent

for

the initial decision of

some questions
Judicial Review does not warrant trial de
novo- does not import trial de novo (review
all evidence) but only an ascertainment of
whether the administrative findings are not
in violation of the Constitution or of the
laws, and are free from fraud or imposition,
and whether they find reasonable support
in evidence

PUBLIC OFFICE-is a public trust

Actors
1.trustor/benefactor(people)
2.trustee(Govt)
3.beneficiary(common good)
Is the right, authority and duty created
and conferred by law by which for a given
period either fixed by law or enduring at the
pleasure of the appointing power, an
individual is invested with some portion of
the sovereign functions of the government
to be exercised by him for the benefit of the
public
- Right authority Duty
-conferred by law
-tenure fixed/pleasured the appointing
Person/Individual
-for the benefit of the people
-some sovereign function
PUBLIC OFFICERS(PASEM)
-Public trust
-Accountability
-Serve utmost responsibility integrity loyalty
-efficiency
-modest life
Public officers-vested with some sovereign
power
Public Employee-contract/Public officer
Created by law
Presumption of regularity of official acts
-absent of clear and convincing proof, the
bare allegation that a public officer acted
with malice on prejudice cannot be
sustained(you can present the proof)
Public Official
Officer of the Government itself as
distinguished from the officers and
employees of instrumentalities of the
government(works
with
department
framework)